Madras High CourtWP/44318/2016disposed of

Mageswari v. The Joint Registrar Of

2017-01-02Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.44318/2016 Mageswari ..Petitioner Vs 1.The Joint Registrar of Cooperative Societies Udakamandalam, Nilgiri District.

2.The President 3.The Assistant Secretary [K.P.Prakaash] ..Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1st respondent herein to dispose the appeal dated 17.08.2016 pending before the 1st respondent herein within the stipulated period prescribed by this Court.

For Petitioner :

Mr.G.Thangavel For R1 to R3 :

Mr.L.P.Shanmugasundaram, Spl.GP [Coop.]

ORDER

By consent, the writ petition is taken up for final disposal. Mr.L.P.Shanmugasundaram, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 3. 2 The petitioner while working as Manager in the services of the 3rd respondent / Society, was visited with disciplinary

proceedings on the allegation of unauthorised absence. The representation / explanation submitted by the petitioner did not satisfy the Disciplinary Authority and she was issued with the order of punishment dated 01.12.2016, holding that the charges framed against the petitioner have been proved and therefore, the petitioner was issued with reduction in rank to the post of Accountant for a period of three years with effect from 01.12.2016. The petitioner, challenging the legality of the punishment, had failed an appeal before the Appellate Authority/1st respondent on 15.12.2016 and despite the receipt and acknowledgment, it has not been given disposal and hence, the petitioner came forward to file the present writ petition. 3 Heard the learned counsel for the petitioner and Mr.L.P.Shanmugasundaram, learned Special Government Pleader [Coop.] appearing for the respondents.

4 This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner in the appeal petition, directs the 1st respondent to consider and dispose of the petitioner's Appeal Memorandum / Petition dated 15.12.2016 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. 5 The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1.The Joint Registrar of Cooperative Societies Udakamandalam, Nilgiri District.

2.The President

3.The Assistant Secretary [K.P.Prakaash] +1cc to Mr.shanmugasundaram, Advocate, S.R.No.88/17 +1cc to Mr.Thangavel, Advocate, S.R.No.105 W.P.No.44318/2016 WP(CO) GN(12/01/2017)